No recommendation

State Attorney John Tanner is seeking his fifth four-year term on the Aug. 26 primary ballot. His challenger is by one of his former prosecutors, R. J. Larizza of St. Augustine.

The State Attorney's race this year ends in the primary because only two candidates filed, both Republicans. There is no Democratic opposition. Therefore, all registered voters, regardless of affiliation with a party; are eligible to cast ballots.

It's easy to say this race is about experience.

Tanner has more than 38 years as a trial attorney including 16 years as State Attorney. He leads a team of more than 80 lawyers across four counties in the Seventh Judicial Circuit: St. Johns, Putnam, Flagler and Volusia. He manages a staff of about 200. He says he is the "gatekeeper of the criminal justice system" for the Seventh Circuit.

In contrast, Larizza has 12 years as an attorney of which 6 1/2 years were spent in Tanner's St. Johns County office as an assistant state attorney prosecuting criminal cases. Before attending law school in 1993, Larizza had 10 years combined as a corrections officer and a probation officer. Today he is in private practice specializing in criminal defense.

But there's more to this year's race.

Larizza says his campaign is about trust. Larizza believes the State Attorney should not be "above the law," as Larizza's campaign material says. He says Tanner has abused his office for personal reasons beginning with the harsh treatment that his daughter received at the Flagler County jail following a 2005 arrest. Tanner continues his fight to keep secret a December 2006 presentment by a Duval County Grand Jury. The presentment stemmed from an investigation into the role Tanner played in the Flagler jail investigation.

We question whether Larizza would be in the race if the presentment had been unsealed. In his editorial board interview, the dominant theme was Tanner's trust and the examples were the jail investigation and the sealed presentment.

Tanner says the presentment will be released in due time but not before the election. He says it is not about him. He says when it is released the public will understand the need to have kept it sealed. We don't understand the continuing secrecy. Could it be the presentment questions Tanner's leadership?

The Record has editorialized twice since February 2007 asking Tanner to go public. Tanner is awaiting a Fifth District Court of Appeal ruling on whether the presentment will remain sealed. Is the Fifth DCA waiting until after the election to rule?

The State Attorney's office is pivotal to our system of law.

Tanner has the experience, but we cannot get past his keeping the presentment secret and spending more than $530,000 in state dollars to fight its disclosure. Florida leads the country in openness in government.

Larizza has knowledge of the law and courtroom experience but they do not match Tanner's. With more time and more trial experience, Larizza could make a fine State Attorney.

But in our opinion, neither one is a viable candidate for State Attorney.